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(영문) 창원지방법원 2019.09.25 2019노1123
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unfilled and unreasonable.

2. In light of the facts that the Defendant was committed at the time of the instant crime, that the Defendant did not have relatively much weighted damage from the instant crime, the fact that the Defendant had been punished several times for the same type of crime, that the Defendant committed the crime during the suspension of execution, that the Defendant did not recover damage, and that the Defendant’s age, character, environment, motive, means and consequence of the instant crime, as well as various sentencing conditions specified in the instant records and arguments, such as the circumstances after the instant crime, cannot be deemed to be unfair because the lower court’s punishment is too unreasonable.

There is no reason to view that the sentencing conditions have changed in the appellate court.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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